Ammendments of pleadings before final argument
Deepak Menaria
(Querist) 24 August 2013
This query is : Resolved
Plantiff filed app.of Or 6 R 17 after commencement of trial just before Final Argument in the suit of specific performance where he want to replace the cosharer of the parental property as the agreement signed by only 3 of 5 cosharer including father of HUF and fathers signature is enough to grant the decree of apecific performance of agreement.The father is having possession of 50% of share in the property and rest of the 50% share purchased by one of son who has not signed the agreement.Please guide me on these points-
1.Is part performance is allowed by court for parental residential undivisible HUF property?
2.Is the agreement is complete as it was not signed by a son and his mother but they were party to the unregestered agreement dated 14/4/2000?
3.How can a trial court allow an ammendments in pleadings to replace the cosharers of the HUF residential undivisible property?
4.The case filled by the plantiff is for only half of the share of the property and rest 50% of share was purchased by a son who has not signed the agreement.
Please help me to find matching rulings of SC in this matter.
Thanx a lot.
Devajyoti Barman
(Expert) 24 August 2013
Amendment of pleading after commencement of trial is very difficult and it is allowed only on those circumstances where the party applying for it did not know about the incident earlier.
Your case does not fir in that category.
R.K Nanda
(Expert) 24 August 2013
in the interest of justice and in the proper decision of case court can allow
amendments.
Rajendra K Goyal
(Expert) 24 August 2013
Depends on the court, if the court is convinced that the amendment is necessary in the interest of justice it may allow. after commencement of the trial it is difficult.
